Item - 2023.CC13.16

City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 30, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (November 30, 2023) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 30, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

December 19, 2023

The confidential instructions to staff in Confidential Attachment 1 to the report (November 30, 2023) from the City Solicitor were adopted by City Council, and the confidential instructions to staff have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1. City Council oppose the Ontario Land Tribunal Plans submitted on November 10, 2023 for the lands municipally known as 836 and 838 Roselawn and 131 Lyon Court and 836, 838 Roselawn Avenue, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal with appropriate City staff.

2. City Council accept the without prejudice settlement offer dated November 29, 2023 and attached as Confidential Appendix A to the report (November 30, 2023) from the City Solicitor and the revised architectural plans, dated November 29, 2023, prepared by Ferris & Associates Inc., and attached as Confidential Appendix B (the "Settlement Offer") to the report (November 30, 2023) from the City Solicitor, and City Council direct the City Solicitor to the Ontario Land Tribunal in support of the Settlement Offer subject to Part 3 below.

3. City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor has advises the Tribunal that:

a. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the Owner has submitted a revised pedestrian level wind study, including the identification of any required mitigation measures to be secured in the Zoning By-law amendment and through the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. City Council has approved the Rental Housing Demolition Application (Application 21 235748 NNY 08 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, and, should City Council authorize the demolition, that the Applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, securing the replacement of the existing rental dwelling units, including unit mix, size and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

e. the Owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the Owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

g. the Owner has, at its sole cost and expense facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the amending by-law, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the Owner has satisfactorily addressed the matters in the Engineering and Construction Services Memorandum dated January 24, 2022, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; and

i. the Owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the development.  In requiring any off-site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering and Construction Services for Work on the City's Right-of-Way.

4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendices A and B to the report (November 30, 2023) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (November 30, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.